Dispelling the Myths of Abortion History
Dispelling the Myths of Abortion History

Author: Joseph W. Dellapenna

Publisher:

Published: 2006

Total Pages: 1312

ISBN-13:

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In Roe v. Wade, Justice Harry Blackmun structured the argument of the majority around the history of abortion laws. That history built on the work of law professor Cyril Means, Jr., and historian James Mohr. Means and Mohr proclaim four theses as summarizing the "true" history of abortion in England and America: (1) Abortion was not a crime "at common law" (before the enactment of abortion statutes in the nineteenth century. (2) Abortion was common and relatively safe during this time. (3) Abortion statutes were enacted in the nineteenth century in order to protect the life of the mother rather than the life of the embryo or fetus. (4) The moving force behind the nineteenth-century statutes was the attempt of the male medical profession to suppress competition from competing practitioners of alternative forms of medicine. This book dispels these myths and sets forth the true history of abortion and abortion law in English and American society. Anglo-American law always treated abortion as a serious crime, generally including early in pregnancy. Prosecutions and even executions go back 800 years in England, establishing law that carried over to colonial America. The reasons offered for these prosecutions and penalties consistently focused on protecting the life of the unborn child. This unbroken tradition refutes the claims that unborn children have not been treated as persons in our law or as persons under the Constitution of the United States.

The Criminalization of Abortion in the West
The Criminalization of Abortion in the West

Author: Wolfgang Müller

Publisher: Cornell University Press

Published: 2012-06-01

Total Pages: 278

ISBN-13: 0801464153

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Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and "tort" and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.

Abortion in the United States - Judicial History and Legislative Battle
Abortion in the United States - Judicial History and Legislative Battle

Author: Various Authors

Publisher: Good Press

Published: 2023-12-26

Total Pages: 393

ISBN-13:

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In "Abortion in the United States - Judicial History and Legislative Battle," Various Authors provide a comprehensive examination of the complex and contentious issue of abortion in America. Delving into both the judicial history surrounding landmark Supreme Court cases such as Roe v. Wade and the ongoing legislative battles at both the state and federal levels, the book offers a thorough analysis of the factors shaping the abortion debate. The authors utilize a scholarly and analytical approach, citing legal precedent and political commentary to illuminate the intricacies of the topic. This book is a valuable resource for anyone seeking a deeper understanding of the societal, legal, and ethical implications of abortion in the United States. It serves as an essential guide for students, scholars, and policymakers alike. Various Authors bring diverse perspectives to the discussion, making this book a comprehensive and insightful exploration of a deeply divisive issue.

The History of Abortion Legislation in the USA
The History of Abortion Legislation in the USA

Author: Various Authors

Publisher: DigiCat

Published: 2023-11-26

Total Pages: 392

ISBN-13:

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The goal of this edition is to help people understand the complexity of the issue, to learn about the long battle that was fought before the revolutionary ruling Roe v. Wade and the slow success of the numerous legislations and regulations passed after this law which led to the most recent controversial ruling. The legality of abortion in the United States is subject to individual state laws. In 1973, Roe v. Wade made the first abortion case to be taken to the Supreme Court, which had made it federally legal. In 1992, Roe was partially overturned by Planned Parenthood v. Casey, which stated that states cannot place legal restrictions posing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus." In 2022, both Roe and Casey were overturned, and abortions are now subject to regulations based on state laws once again. Individual states can regulate and limit the use of abortion, some of which already have through the use of "trigger laws", which made abortion illegal within the first and second trimesters when Roe was overturned. Eight states—Alabama, Arizona, Arkansas, Michigan, Mississippi, Oklahoma, West Virginia and Wisconsin—still have pre-Roe abortion bans in their laws, which may be enforced too. This reading provides a thorough overview of the federal legalisation regarding the legality of abortion. It presents a judicial history and legislative response of the US federal institutions. In addition this collection is enriched with information which are indispensable part of every abortion debate in the United States. Contents Abortion: Judicial History and Legislative Response Abortion At or Over 20 Weeks' Gestation (FAQ) Revolutionary Ruling: Roe v. Wade Doe v. Bolton Planned Parenthood v. Casey Women's Health Protection Act 2022 Ruling: Dobbs v. Jackson Women's Health Organization

Slavery, Abortion, and the Politics of Constitutional Meaning
Slavery, Abortion, and the Politics of Constitutional Meaning

Author: Justin Buckley Dyer

Publisher: Cambridge University Press

Published: 2013-06-28

Total Pages: 207

ISBN-13: 1107328675

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For the past forty years, prominent pro-life activists, judges and politicians have invoked the history and legacy of American slavery to elucidate aspects of contemporary abortion politics. As is often the case, many of these popular analogies have been imprecise, underdeveloped and historically simplistic. In Slavery, Abortion, and the Politics of Constitutional Meaning, Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development. In this fascinating and wide-ranging study, Dyer demonstrates that slavery and abortion really are historically, philosophically and legally intertwined in America. The nexus, however, is subtler and more nuanced than is often suggested, and the parallels involve deep principles of constitutionalism.

Jesus v. Abortion
Jesus v. Abortion

Author: Charles K. Bellinger

Publisher: Wipf and Stock Publishers

Published: 2016-06-16

Total Pages: 337

ISBN-13: 1498235069

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There are three main positions that people adopt within the abortion debate: pro-life, muddled middle, and pro-choice. Jesus v. Abortion critiques the pro-choice and muddled middle positions, employing several unusual angles: (1) The question "What would Jesus say about abortion if he were here today?" is given very substantial treatment. (2) The abortion debate is usually conducted using moral and metaphysical arguments; this book adds in anthropological insights regarding the function of violence in human culture. (3) Rights language is employed by both sides of the debate, to opposite ends; this book leads the reader to ask deep questions about the concept of "rights." (4) The use of historical analogies in the abortion debate goes both directions, in the sense that both sides accuse the other of being similar to the defenders of slavery; this book contains what is probably the most sophisticated and sustained analysis of the meaning and legitimacy of such analogies. (5) Many important thinkers are brought into this conversation, such as Soren Kierkegaard, Eric Voegelin, Julien Benda, Simone Weil, Kenneth Burke, Richard Weaver, Rene Girard, Philip Rieff, Giorgio Agamben, Chantal Delsol, Paul Kahn, and David Bentley Hart.

The Eloquence of Truth
The Eloquence of Truth

Author: Father Ralph Wright

Publisher: eBookIt.com

Published: 2011-10

Total Pages: 98

ISBN-13: 0984011781

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In The Eloquence of Truth, Ralph Wright, OSB uses poetry, prose and authoritative teaching to address such egregious issues as abortion, euthanasia, and slavery. Using these art forms, he make readers aware of Truth and how that truth affects our freedom in every day life. Truth alone, he stresses, can guarantee respect for the inalienable dignity and rights of each man, woman and child in our world - including the most defenseless of all human beings, the unborn child in the mother's womb. His main message in Eloquence is to show us the immeasurable value of each human being in the eyes of God, and he prays that fellow human beings will realize the truth about the 'almost divine dignity' of humankind, also realizing that this dignity subsists in us from the moment we are conceived.

The Law and Ethics of Medicine
The Law and Ethics of Medicine

Author: John Keown

Publisher: Oxford University Press

Published: 2012-04-26

Total Pages:

ISBN-13: 0191640182

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The Law and Ethics of Medicine: Essays on the Inviolability of Human Life explains the principle of the inviolability of human life and its continuing relevance to English law governing aspects of medical practice at the beginning and end of life. The book shows that the principle, though widely recognized as an historic and foundational principle of the common law, has been misunderstood in the legal academy, at the Bar and on the Bench. Part I of the book identifies the confusion and clarifies the principle, distinguishing it from 'vitalism' on the one hand and a 'qualitative' evaluation of human life on the other. Part II addresses legal aspects of the beginning of life, including the history of the law against abortion and its relevance to the ongoing abortion debate in the US; the law relating to the 'morning after' pill; and the legal status of the human embryo in vitro. Part III addresses legal aspects of the end of life, including the euthanasia debate; the withdrawal of tube-feeding from patients in a 'persistent vegetative state'; and the duty to provide palliative treatment. This unique collection of essays offers a much-needed clarification of a cardinal legal and ethical principle and should be of interest to lawyers, bioethicists, and healthcare professionals (whether they subscribe to the principle or not) in all common law jurisdictions and beyond.

Abortion
Abortion

Author: Ian Shapiro

Publisher: Hackett Publishing

Published: 2023-05-01

Total Pages: 415

ISBN-13: 1647921228

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This new edition of Abortion: The Supreme Court Decisions includes all of the major Supreme Court decisions on abortion since the 1960s—as well as many majority, dissenting, and plurality opinions—carefully edited for use by researchers, journalists, and teachers in a variety of disciplines.

How the Court Became Supreme
How the Court Became Supreme

Author: Paul D. Moreno

Publisher: LSU Press

Published: 2022-09-14

Total Pages: 359

ISBN-13: 0807178411

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Over the course of its history, the United States Supreme Court has emerged as the most powerful judiciary unit the world has ever seen. Paul D. Moreno’s How the Court Became Supreme offers a deep dive into its transformation from an institution paid little notice by the American public to one whose decisions are analyzed and broadcast by major media outlets across the nation. The Court is supreme today not just within the judicial branch of the federal government but also over the legislative and executive branches, effectively possessing the ability to police elections and choose presidents. Before 1987, nearly all nominees to the Court sailed through confirmation hearings, often with little fanfare, but these nominations have now become pivotal moments in the minds of voters. Complaints of judicial primacy range across the modern political spectrum, but little attention is given to what precisely that means or how it happened. What led to the ascendancy of America’s highest court? Moreno seeks to answer this question, tracing the long history of the Court’s expansion of influence and examining how the Court envisioned by the country’s Founders has evolved into an imperial judiciary. The US Constitution contains a multitude of safeguards to prevent judicial overreach, but while those measures remain in place today, most have fallen into disuse. Many observers maintain that the Court exercises legislative or executive power under the guise of judicial review, harming rather than bolstering constitutional democracy. How the Court Became Supreme tells the story of the origin and development of this problem, proposing solutions that might compel the Court to embrace its more traditional role in our constitutional republic.